Sustainable Tourism Law

40 SUSTAINABLE TOURISM LAW aware that the “motive” inducing a tourist to travel are variegate. This variety corresponds to well-known typologies and classifications. So, it is common to refer to vacation and leisure time, cultural tourism, health and spa, sportive tourism, art cities tour, hippo tourism, boat and fishing, alpinism, moto-tourism, and we could continue. Sometimes, especially in Regional Statutes, these classifications correspond to specific and particular rules. A new form of Tourism is also developing: sustainable tourism and ecotourism, as we will see. Historic notes In ancient time, travels, geography, literature and tourism were, as far as we know, connected. The Odyssey, which is still studied at school today, is a travel book. ∏ αυσανίας (Pausania) wrote the well-known ∏ εριήγησις τ ῆ ς ‛Ελλάδος (Description of Greece), in ten books, that the same considered a sort of travel guide. Κ ύ ρου ἀ ν ά βασις (Anabasi) describes Persia as seen by Ξενο ϕῶ ν (Senofonte). Tacito De Germania describes the land across the Rein 4 . Latin literature often refers to leisure travels and stays. Classical reading brings us back to tasteful stories (Horace, Satire), subsequently translated into legal rules that convey the bad reputation of hotel owners, often seen as accomplices of malicious people who are determined to assault and rob tired and helpless travellers. Hence, the edict of the Pretore that granted the traveller, beyond actio conducti 5 or actio depositi 6 , also an actio in factum 7 , which imposed on the hotelier a liability, (which today we would define without fault), on the things and properties brought to the inn, and then subtracted or damaged. Lionel Casson, in his Travel in the Ancient World 8 , give us a detailed vision of travelling in the ancient world, in Greece and in Roman times. Roman consular 4 Publio Cornelio Tacito, De origine et situ Germanorum. 5 Actio conducti , is an action resulting from a contract called locatio conductio which enables the conductor to enforce the duties of the locator. 6 Actio depositi : an action which is brought by the depositor against the depositary, in order to get back the thing deposited. 7 Actio in fact um – an action given by the praetor on the facts of the case alone where no standard civil law action was applicable. 8 Lionel CASSON, Travel in the Ancient World , Johns Hopkins University Press, 1974. Italian ed. Viaggi e viaggiatori dell’antichità , Mursia, 1978. See also AA. VV., Idea e realtà del viaggio. Il viaggio nel mondo antico , G. Camassa and S. Fasce editors, Genova, ECIG, 1991.